VII. Adoption of a Monitoring and Reporting Program for the CEQA Mitigation Measures

Section 21081.6 of the Public Resources Code requires the Commission to adopt a mitigation monitoring and reporting program regarding the changes in the Project and mitigation measures imposed to lessen or avoid significant effects on the environment. The Mitigation Monitoring and Reporting Program (MMRP), shown in Table 1, fulfills the CEQA mitigation monitoring requirements identified below. The MMRP is hereby adopted by the CPUC.

· The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the changes in the Project and mitigation measures imposed on the Project during Project implementation.

· Measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures.

The CPUC's MMRP, including impacts, mitigation measures, monitoring requirements, effectiveness criteria, and timing of actions for the Project is set forth in Appendix 9 to the Final EIR/EIS. The MMRP includes mitigation measures applicable to National Forest Service (NFS) lands. However, the MMRP adopted herein by the CPUC does not constitute the mitigation monitoring and reporting program as to project elements occurring within those federal lands as the USDA Forest Service (Forest Service), the NEPA Lead Agency, has not yet issued its Record of Decision (ROD) on the Project. The CPUC and the Forest Service will coordinate their mitigation monitoring and reporting programs once the Forest Service has issued its ROD.

The discussion below provides the recommended framework for the implementation of the MMRP by the CPUC as the CEQA Lead Agency, and the Forest Service as the NEPA Lead Agency, and describes the roles and responsibilities of government agencies in implementing and enforcing adopted mitigation

VII.1 Authority for the Mitigation Monitoring Program

California Public Utilities Commission

The California Public Utilities Code in numerous places confers authority upon the CPUC to regulate the terms of service and the safety, practices and equipment of utilities subject to its jurisdiction. It is the standard practice of the CPUC, pursuant to its statutory responsibility to protect the environment, to require that mitigation measures stipulated as conditions of approval be implemented properly, monitored, and reported on. In 1989, this requirement was codified statewide as Section 21081.6 of the Public Resources Code. Section 21081.6 requires a public agency to adopt a Mitigation Monitoring Program when it approves a project that is subject to preparation of an EIR and where the EIR for the project identifies significant adverse environmental effects. CEQA Guidelines Section 15097 was added in 1999 to further clarify agency requirements for mitigation monitoring or reporting.

The purpose of a MMRP is to ensure that measures adopted to mitigate or avoid significant impacts of a project are implemented. The CPUC views the MMRP as a working guide to facilitate not only the implementation of mitigation measures by the project proponent, but also the monitoring, compliance, and reporting activities of the CPUC and any monitors it may designate.

USDA Forest Service and Other Federal Lands

The Forest Service is the federal Lead Agency for the preparation of the Project's EIR/EIS in compliance with NEPA, the Council on Environmental Quality (CEQ) regulation for implementing NEPA (40 Code of Federal Regulations [CFR] 1500-1508), and the USDA Forest Service Handbook (CFR 1909.15, Environmental Policy and Procedures Handbook). As the NEPA Lead Agency, the Forest Service is also responsible for ensuring that mitigation measures are implemented on NFS lands. The Forest Service intends to work with the CPUC (under the provisions of a Memorandum of Understanding) to implement mitigation monitoring during construction of the Project across NFS lands, and will likely use the CPUC's environmental contractor for monitoring on NFS lands.

VII.2 Organization of the Mitigation Monitoring and Reporting Program Implementation Plan

Following Project approval by the Forest Service, the CPUC and the Forest Service will compile a MMRP Implementation Plan to coordinate implementation of the adopted mitigation measures by both lead agencies. The elements of the MMRP Implementation Plan are as follows:

MMRP Implementation Plan Introduction

· Authority and Purpose of the Program

· Program Adoption Process

· Organization of the MMRP

Roles and Responsibilities

· Monitoring Responsibility

· Enforcement Responsibility

· Mitigation Compliance Responsibility

· Dispute Resolution

General Monitoring Procedures

· Environmental Monitor

· Construction Personnel

· General Reporting Requirements

· Public Access to Records

The Final MMRP Implementation Plan will contain a concise overview and reference description of the approved Project that clearly outlines its physical locations and timetable, including construction spreads. The Final MMRP Implementation Plan specifies the "master" reference(s) which the monitors and the applicant will use in carrying out the MMRP, as well as more detailed working maps and plans. The Applicant Proposed Measures (APMs), to which SCE has committed to reduce potential impacts, will also be included in the Final MMRP Implementation Plan.

The Final MMRP Implementation Plan will include the list of agencies with jurisdiction over the Project (i.e., required permits and approvals), and a description of their respective jurisdictions.

VII.3 Roles and Responsibilities

As the lead agencies under CEQA and NEPA, the CPUC and the Forest Service, respectively, are required to monitor the Project to ensure that the adopted and required mitigation measures and APMs are implemented. The CPUC and the Forest Service will be responsible for ensuring full compliance with the provisions of the MMRP and have primary responsibility for its implementation. The purpose of the MMRP is to document that the mitigation measures required by the CPUC and the Forest Service are implemented and that mitigated environmental impacts are reduced to the level identified in the Program.

The CPUC and/or the Forest Service may delegate duties and responsibilities for monitoring to other environmental monitors or consultants as deemed necessary, and some monitoring responsibilities may be assumed by responsible agencies, such as affected jurisdictions and cities. The number of construction monitors assigned to the project will depend on the number of concurrent construction activities and their locations. The CPUC and the Forest Service, however, will ensure that any person to whom duties or responsibilities are delegated is qualified to monitor compliance.

Any mitigation measure study or plan that requires the approval of the CPUC and the Forest Service must allow at least 60 days for adequate review time. When a mitigation measure requires the development of a plan during the design phase of the Project, the applicant must submit that plan to the CPUC and the Forest Service for review and approval. It is the responsibility of the environmental monitor assigned to each spread to ensure that appropriate agency reviews and approvals are obtained.

The CPUC and the Forest Service along with their environmental monitors will also ensure that any variance process or deviation from the procedures identified under the MMRP is consistent with CEQA and NEPA requirements; no Project variance will be approved by the CPUC and the Forest Service if it creates new significant impacts. As defined in this section, a variance should be strictly limited to minor project changes that do not trigger other permit requirements, do not increase the severity of an impact or create a new impact, and that clearly and strictly comply with the intent of the mitigation measure. A proposed change to the Project that has the potential for creating significant environmental effects will be evaluated to determine whether supplemental CEQA and/or NEPA review and documentation is required. Any proposed deviation from the approved Project, adopted mitigation measures, and APMs, and correction of such deviation, shall be reported immediately to the CPUC, the Forest Service, and the environmental monitor assigned to the construction spread for their review and approval. In some cases, a variance may also require approval by a CEQA or NEPA responsible agency.

VII.4 Enforcement Responsibility

The CPUC and the Forest Service are responsible for enforcing the procedures adopted for monitoring through the environmental monitor assigned to each construction spread. The environmental monitor shall note problems with monitoring, notify appropriate agencies or individuals about any problems, and report the problems to the CPUC and the Forest Service.

The CPUC and the Forest Service have the authority to halt any construction, operation, or maintenance activity associated with the Project if the activity is determined to be a deviation from the approved Project or adopted mitigation measures. The CPUC and/or the Forest Service may assign this authority to the environmental monitor for each construction spread.

VII.5 Mitigation Compliance Responsibility

The applicant, SCE, is responsible for successfully implementing all of the adopted mitigation measures in the MMRP. The MMRP contains criteria that define whether mitigation is successful. Standards for successful mitigation also are implicit in many mitigation measures that include such requirements as obtaining permits or avoiding a specific impact entirely. Other mitigation measures include success criteria. Additional mitigation success thresholds will be established by applicable agencies with jurisdiction through the permit process and through the review and approval of specific plans for the implementation of mitigation measures.

The applicant shall inform the CPUC, the Forest Service, and their monitors in writing of any mitigation measures that are not or cannot be successfully implemented. The CPUC and the Forest Service in coordination with their monitors will assess whether alternative mitigation is appropriate and specify to SCE the subsequent actions required.

VII.6 Dispute Resolution

The MMRP Implementation Plan is designed to reduce or eliminate many potential disputes. However, even with the best preparation efforts, disputes may occur. In such event, the following procedure will be observed:

· Step 1. Disputes and complaints (including those of the public) should be directed first to the CPUC and/or the Forest Service's designated Project Manager, as appropriate, for resolution. The Project Manager will attempt to resolve the dispute.

· Step 2. Should this informal process fail, the CPUC and/or the Forest Service Project Manager may initiate enforcement or compliance action to address deviations from the Project or adopted Mitigation Monitoring and Reporting Program.

The following steps apply to the CPUC only:

· Step 3. If a dispute or complaint regarding the implementation or evaluation of the Program or the mitigation measures cannot be resolved informally or through enforcement or compliance action by the CPUC, any affected participant in the dispute or complaint may file a written "notice of dispute" with the CPUC's Executive Director. This notice should be filed in order to resolve the dispute in a timely manner, with copies concurrently served on other affected participants. Within 10 days of receipt, the Executive Director or designee(s) shall meet or confer with the filer and other affected participants for purposes of resolving the dispute. The Executive Director shall issue an Executive Resolution describing his/her decision, and serve it on the filer and other affected participants.

· Step 4. If one or more of the affected parties is not satisfied with the decision as described in the Resolution, such party(ies) may appeal it to the Commission via a procedure to be specified by the Commission.

Parties may also seek review by the Commission through existing procedures specified in the Commission's Rules of Practice and Procedure for formal and expedited dispute resolution, although a good faith effort should first be made to use the foregoing procedure.

Dispute resolution associated with impacts or resources on NFS lands will be the responsibility of the Forest Service, and the process for such dispute resolution will be included in the MMRP Implementation Plan.

VII.7 General Monitoring Procedures

Environmental Monitor

Many of the monitoring procedures will be conducted during the construction phase of the Project. The CPUC, the Forest Service, and the environmental monitor(s) are responsible for integrating the mitigation monitoring procedures into the construction process in coordination with SCE. To oversee the monitoring procedures and to ensure success, the environmental monitor assigned to each construction spread must be onsite during that portion of construction that has the potential to create a significant environmental impact or other impact for which mitigation is required. The environmental monitor is responsible for ensuring that all procedures specified in the monitoring program are followed.

Construction Personnel

A key feature contributing to the success of mitigation monitoring will be obtaining the full cooperation of construction personnel and supervisors. Many of the mitigation measures require action on the part of the construction supervisors or crews for successful implementation. To ensure success, the following actions, detailed in specific mitigation measures included in the Final MMRP Implementation Plan, will be taken:

· Procedures to be followed by construction companies hired to do the work will be written into contracts between SCE and any construction contractors. Procedures to be followed by construction crews will be written into a separate agreement that all construction personnel will be asked to sign, denoting consent to the procedures.

· One or more pre-construction meetings will be held to inform all and train construction personnel about the requirements of the monitoring program (as detailed in the Final MMRP Implementation Plan).

· A written summary of mitigation monitoring procedures will be provided to construction supervisors for all mitigation measures requiring their attention.

General Reporting Procedures

Site visits and specified monitoring procedures performed by other individuals will be reported to the environmental monitor assigned to the relevant construction spread. A monitoring record form will be submitted to the environmental monitor by the individual conducting the visit or procedure so that details of the visit can be recorded and progress tracked by the environmental monitor. A checklist will be developed and maintained by the environmental monitor to track all procedures required for each mitigation measure and to ensure adherence to the timing specified for the procedures. The environmental monitor will note any problems that may occur and take appropriate action to rectify the problems. The Applicant shall provide the CPUC and the Forest Service with written quarterly reports of the project, which shall include progress of construction, resulting impacts, mitigation implemented, and all other noteworthy elements of the project. Quarterly reports shall be required as long as mitigation measures are applicable.

Public Access to Records

The public is allowed access to records and reports used to track the monitoring program. Monitoring records and reports will be made available for public inspection by the CPUC and the Forest Service on request. The CPUC, the Forest Service, and the Applicant will develop a filing and tracking system. For additional information on mitigation monitoring and reporting for the Project, the Energy Division of the CPUC will maintain an Internet website, accessible at the CPUC website at:

http://www.cpuc.ca.gov/Environment/info/aspen/antelopepardee/antelopepardee.htm.

In order to facilitate the public's awareness, the CPUC will make weekly reports available on the website.

VII.8 Condition Effectiveness Review

As required by CEQA, the CPUC must evaluate the effectiveness of the mitigation measures that are implemented. In order to fulfill its statutory mandates to mitigate or avoid significant effects on the environment and to design a Mitigation Monitoring and Reporting Program to ensure compliance during project implementation (CEQA §§15091(d) and 15097):

· The CPUC may conduct a comprehensive review of conditions which are not effectively mitigating impacts at any time it deems appropriate, including as a result of the Dispute Resolution procedure outlined in VIII.6; and

· If in either review, the Commission determines that any conditions are not adequately mitigating significant environmental impacts caused by the Project, or that recent proven technological advances could provide more effective mitigation, then the Commission may impose additional reasonable conditions to effectively mitigate these impacts.

These reviews will be conducted in a manner consistent with the Commission's rules and practices.

VII.9 Mitigation Monitoring Program Tables

The Mitigation Monitoring Program tables presented in Appendix 9 of the Final EIR/EIS, together with the full text of the mitigation measures themselves, as set forth at the end of each issue area section (Sections C.1 through C.15) of the Final EIR/EIS, as well as in Attachment A of this decision, will form thebasis for the implementation of the Mitigation Monitoring Program.

(END OF ATTACHMENT B)